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11 February 2016
Issue: 7686 / Categories: Legal News
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Solicitors “not dishonest”

A High Court judge was wrong to conclude that two solicitors were guilty of dishonest assistance in a breach of trust, the Court of Appeal has held.

The breach of trust was a mortgage fraud which resulted in the borrower obtaining all the proceeds of sale of large parts of the mortgaged property in fraud of the lender. Judge Pelling QC found the solicitors, Mr Murphy and Mr Denslow, guilty in 2013. Clydesdale Bank had accused the pair, who worked at national law firm Cobbetts before it closed and later moved to Shoosmiths, of being part of a conspiracy after they realised the bank’s charge had not been registered. However, the solicitors said they had decided to act in accordance with the instructions from their client. Judge Pelling found that the solicitors should have done more to check the bank’s position and held them partly responsible for the bank’s losses.

On appeal, however, Lord Justice Lewison said: “A finding of dishonesty, especially against a solicitor, should not be made without the most careful consideration of what the solicitor says in his own defence.”

Giving judgment in Clydesdale Bank v John Workman & Ors [2016] EWCA Civ 73, he added: “The case against Messrs Murphy and Denslow, as put to the judge, was one of participation in a sophisticated conspiracy hatched as soon as the company realised that the Bank’s charge had not been registered, and that Messrs Murphy and Denslow were in on it from the start. That case failed; and what the judge ultimately decided was far removed from the case that had been advanced.”

Issue: 7686 / Categories: Legal News
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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
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Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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